BP Refinery (Kwinana) Pty Ltd v Australian Workers' Union, The

[2019] FWC 431

[2019] FWC 431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.266—Industrial action related workplace determination

BP Refinery (Kwinana) Pty Ltd
v
Australian Workers’ Union, The
(B2019/4)

DEPUTY PRESIDENT BINET PERTH, 24 JANUARY 2019

Extension of the post-industrial action negotiating period to 42 days.

[1] On 4 January 2019 the Fair Work Commission (FWC), issued an order [PR703616], terminating all protected industrial action in relation to the proposed agreement replacing the BP Refinery (Kwinana) Pty Ltd & AWU Operations & Laboratory Employees Agreement 2014.

[2] On 23 January 2019 BP Refinery (Kwinana) Pty Ltd (BP Kwinana) and the Australian Workers’ Union (AWU) jointly made an application for an order pursuant to section 266(4) of the Fair Work Act 2009 (Cth) (FWAct) to extend the post-industrial action negotiating period (Application).

[3] Section 266(3) and (4) of the FW Act provide:

“Post-industrial action negotiating period

(3) The post-industrial action negotiating period is the period that:

(a) starts on the day on which the termination of industrial action instrument is made; and

(b) ends:

(i) 21 days after that day; or

(ii) if the FWC extends that period under subsection (4)—42 days after that day.

(4) The FWC must extend the period referred to in subparagraph (3)(b)(i) if:

(a) all of the bargaining representatives for the agreement jointly apply to the FWC for the extension within 21 days after the termination of industrial action instrument was made; and

(b) those bargaining representatives have not settled all of the matters that were at issue during bargaining for the agreement.”

[4] I am satisfied that BP Kwinana and the AWU are the only bargaining representatives for the proposed agreement and that the Application is made within 21 days after the termination of industrial action instrument was made.

[5] BP Kwinana, the AWU and the AWU Bargaining Committee attended a conference before me on Tuesday 22 January 2019. I am satisfied that matters that were at issue during the bargaining for the proposed agreement have not been agreed. At the conference the parties agreed to a schedule of negotiation meetings which hopefully will resolve at least some of those matters over the next three weeks.

[6] Accordingly, an Order must be made extending the post-industrial action negotiating period to 42 days. An Order in Print [PR704265] will be issued concurrently with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR704264>